State Of Emergency And Emergency – Comparative Terminological And Semantic Aspects  Cover Image

Ванредно стање и ванредна ситуација – компаративни терминолошки и садржински аспекти
State Of Emergency And Emergency – Comparative Terminological And Semantic Aspects

Author(s): Dragan Mlađan, Dragutin Avramović
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: state of emergency; emergency; natural disasters; catastrophes; Serbian legislation

Summary/Abstract: The issue of theoretical definition and distinction between a state of emergency and an emergency is made current inrecent national and international literature, as well as in different comparative law normative solutions. Considering the usage inconsistencies of the two terms, this paper attempts to highlight the differences between them, as they essentially carry distinctive legal meanings despite their implied lexical and logical similarity. The paper stresses the necessity of their clearer normative distinction in the Serbian Constitution and legislation. It also emphasizes that an emergency may easily turn into a state of emergency, since natural disasters can be used as a reason to declare both an emergency and a state of emergency. As these two states include different legal regimes, they require more precise normative and theoretical definitions.

  • Issue Year: 2014
  • Issue No: 02
  • Page Range: 767-781
  • Page Count: 15
  • Language: Serbian